IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014738 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Jungle Expert Badge, Humanitarian Service Medal, Army Good Conduct Medal, Soldier of the Month, and Soldier of the Year.

2.  The applicant states the personnel responsible for filing the paperwork did not get the paperwork or the paperwork was not turned in.

3.  The applicant provides:

* DD Form 214 (Report of Separation from Active Duty) for the period ending 4 February 1978
* DD Form 214 for the period ending 11 December 1980
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 7 May 1984
* National Guard Bureau (NGB) Form 21 (Annex A–DD Form 4 – Enlistment or Reenlistment Agreement – Army National Guard (ARNG)), dated 7 May 1984
* NGB Form 22 (NGB Report of Separation and Record of Service) for the period ending 13 October 1984
* U.S. Army Reserve (USAR) discharge orders, dated 22 May 1985




CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of his DD Form 214 to show the Humanitarian Service Medal; however, his DD Form 214 for the period ending 
11 December 1980 includes the Humanitarian Service Medal as an authorized award.  Therefore, this portion of his request will not be discussed further in these proceedings.

3.  The applicant enlisted in the Minnesota ARNG (MNARNG) on 24 June 1977.  He entered active duty on 7 August 1977 and completed his initial active duty for training on 4 February 1978, when he was honorably released from active duty and returned to the MNARNG.

4.  He was involuntarily ordered to active duty by orders dated 3 May 1979.  He entered active duty on 20 June 1979 in the rank and grade of private/E-2.  

5.  He was promoted of the rank/grade of private first class/E-3 on 20 October 1979 and to the rank/grade of specialist four (SP4)/E-4 on 1 February 1980.

6.  He was honorably released from active duty on 11 December 1980, in the rank and grade of SP4/E-4, after completing 1 year, 5 months, and 22 days of net active service this period.  His DD Form 214 for this period of service does not show the Jungle Expert Badge, Army Good Conduct Medal, or Soldier of the Month/Soldier of the Year.

7.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not list the Jungle Expert Badge, Army Good Conduct Medal, or the Soldier of the Month/Soldier of the Year.


8.  There is no evidence in his available military records indicating he was awarded the Jungle Expert Badge or the Army Good Conduct Medal.  There is also no evidence indicating he was selected for Soldier of the Month or Soldier of the Year during his period of active duty service.

9.  His record is void of derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

10.  He provided a DD Form 4 that shows he reenlisted in the ARNG on 7 May 1984 and an NGB Form 22 that shows he was discharged from the ARNG on 
13 October 1984.  He also provided USAR discharge orders indicating he was discharged from the USAR on 22 May 1985.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for this award:

* each 3 years completed on or after 27 August 1940
* for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

12.  Army Regulation 600-8-22 (Military Awards) does not identify the Jungle Expert Badge and/or the Soldier of the Month/Soldier of the Year as authorized badges/awards that are to be recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank and grade of SP4/E-4 after completing 1 year, 5 months, and 22 days of active service.  His records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 20 June 1979 to 11 December 1980 and to add this award to his DD Form 214.
2.  There is no evidence in his military records that indicates he was awarded the Jungle Expert Badge or Soldier of the Month/Soldier of the Year.  In addition, even if there was evidence of him receiving these awards, there are no provisions in current Army regulations authorizing the recording of these items on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (First Award) for the period 20 June 1979 to 11 December 1980 and by adding this award to his DD Form 214 for the period ending 11 December 1980.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214 the Jungle Expert Badge or Soldier of the Month/Soldier of the Year.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140014738



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ABCMR Record of Proceedings (cont)                                         AR20140014738



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